Breach of contract

[Stuart1948]

I sold a fitted bedroom to an unmarried couple who are living together. The appointment to call was in the ladies name and so I put the order in to her name. However her partner signed the actual order form. She is now refusing to pay the balance sayint hat we dont have a contract. the deposit was paid by cheque and as I recall was in joint names. Do we have a legally binding contract. Any help much appreciated.

[edited by AnswerBank]

[Miss Zippy]

Of course you have a contract. This woman, who clearly knows nothing about contract law, is simply trying it on. The fact is, regardless of what paperwork has been signed and by whom (and even if no written contract exists, a verbal contract is equally binding), there is overwhelming evidence of a contract being in place. Not only is there evidence of a contract being in place, but this woman and/or her partner, have already partly performed their obligations under it by (1) accepting delivery/ installation of the bedroom furniture and (2) paying a deposit. If they refuse to pay up, prepare a polite but firm �letter before action� stating your argument and notifying them that if payment is not received with 14 days that you will commence action the small claims court. Don't be afraid to take action if you need to: the small claims track is designed precisely for this kind of dispute and your local CAB will be able to help you complete the forms.